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SC sets aside all HC orders with a direction to treat old notices as deemed notices under section 148A

May 4, 2022 43464 Views 2 comments Print

Union of India Vs Ashish Agarwal (Supreme Court) Hon. Supreme Court Validates Section 148 Notices issued after 31st March 2021- Surprising Turn of Events Introduction: – Various High Courts had quashed reassessment notices issued u/s 148 of the act, on the ground that the same are bad in law in view of the new reassessment […]

Its VERSUS It’s

April 9, 2022 1113 Views 0 comment Print

Don’t make the mistake of confusing the possessive its with the contractive it’s. Its is a pronoun meaning belonging to it. Like the other possessive pronouns (my, mine, your, yours, his, her, hers, ours, their, and theirs), its does not take an apostrophe. we use Its to say that something belongs to or refers to something.

Costs to be imposed on AO, If Orders are Passed without Application of Mind: Bombay HC

March 30, 2022 3963 Views 0 comment Print

Bombay High Court held that It will impose cost on Assessing Officers if Assessment orders are passed without following the principles of natural justice and without considering the reply/objection filed in response to the show cause notice.

Bombay HC quashes 1377 Section 148 Notices issued after 31st March 21

March 30, 2022 24414 Views 0 comment Print

Since we are in respectful agreement with the reasons recorded and views taken by the Allahabad High Court, Rajasthan High Court, Delhi High Court and Madras High Court, in the cases referred hereinabove, and for reasons noted above, all these writ petitions listed above are disposed by allowing the same. The explanations to the Notification No.20 of 2021 dated 31st March 2021 and Notification No.38 of 2021 dated 27th April 2021 are declared ultra vires and are, therefore, bad in law and null and void.

MP & Allahabad HC Quashes Section 148 Notice Issued after 31st March 2021

March 25, 2022 4494 Views 0 comment Print

Hon. Madhya Pradesh (MP) High Court (HC) Quashes Sec. 148 Notice Issued After 31st March 21 The Division Bench of Hon. Madhya Pradesh High Court consisting of Justice Sheel Nagu and Justice Maninder Singh Bhatti in Yuvraj Jain vs. ITO W.P No.28293 of 2021. Order dated 03.03.22 quashed the reassessment notice issued after 31.03.21. Contentions […]

Avoid ‘Throat Clearing Phrases’ or ‘Empty Expressions’

March 17, 2022 6534 Views 3 comments Print

Clarity and conciseness are the two most important goals of legal writing, and these phrases contribute to neither of these goals. Instead of getting the reader to the point, they delay the reader’s arrival and hide the message.

How To Write The Synopsis

March 6, 2022 20937 Views 1 comment Print

Introduction: The Summary of the Arguments (hereafter referred as ‘synopsis’) are the best reasons why one should win the case. Authorities often read the Synopsis first, so it sets up the arguments by giving the authority the context to view it favorably. For an authority who doesn’t have time to read the whole brief, the […]

Use of Passive Voice in Persuasive Writing

February 27, 2022 3879 Views 0 comment Print

USE OF PASSIVE VOICE IN PERSUASIVE WRITING  1. While writing in Active voice, the subject of the sentence does the acting. In contrast, in Passive voice, the subject or actor is ‘passive’- acted upon by someone or something else. a) The Tribunal granted the stay. (active voice-subject before action verb) b) The stay was granted […]

Active Voice Vs. Passive Voice

February 20, 2022 1980 Views 0 comment Print

1. In the Active voice, the subject of the sentence does the acting whereas, in the Passive voice, the subject is acted upon. One can spot passive voice by looking for some form of the verb ‘to be.’ or the preposition ‘by.’ a) Active voice: The Assessee filed an appeal. (the subject, the Assessee, is […]

Use of Correct Tense While Drafting appeal or reply

February 13, 2022 3768 Views 0 comment Print

This tip strives to give clarity on which tense shall be used while discussing the law, Legal Precedents and the facts of the case. Let us take an example of a transaction which was held as bogus by the Assessing Officer and against which the assessee is in appeal. 1. Use the Present tense for […]

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